Insiari, Diela Helmalia Putri (2024) PROSES PENANGANAN PERKARA PIDANA DALAM KEIKUTSERTAAN DUKUN PADA KASUS PERCOBAAN PEMBUNUHAN BERENCANA (STUDI KASUS PERKARA NOMOR 214/PID.B/2023/PN.KPN). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
Attempted premeditated murder is an act or action carried out by someone with a plan in advance that can cause the loss of someone's life. Attempted premeditated murder falls into the category of crimes against human life. This crime can be committed by anyone, but in this case the person involved in the attempted murder case was a shaman or spiritual teacher. This research aims to discuss the process of dealing with shamans involved in the attempted murder case. In writing this final assignment the author used empirical legal research methods, which is research through direct observation. In terms of actions carried out by shamans in cases of attempted premeditated murder, it is included in Article 340 of the Criminal Code in conjunction with Article 53 of the Criminal Code in conjunction with 55 (1) to 1 of the Criminal Code. From the research results, it can be said that in fact the shaman who played a role in this crime did not fulfill the elements of the crime of attempted premeditated murder as stated in the article charged by the Public Prosecutor. There is nothing that can prove that the shaman participated in the crime of attempted premeditated murder. However, the court decision decided that the accused shaman was proven to have fulfilled the elements of the article alleged in the prosecution. So, the accused shaman was sentenced according to the article in which he was charged. According to the author's analysis, the defendant's actions as a shaman fall into the category of knowing that there was a crime but not reporting it to the authorities. The defendant should have been charged under Article 221 verse 1 of the Criminal Code with a maximum sentence of 9 months.
Item Type: | Thesis (Undergraduate) |
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Student ID: | 202010110311416 |
Keywords: | Premeditated Murder Attempt; Shaman or Spiritual Teacher; Indictment |
Subjects: | K Law > K Law (General) |
Depositing User: | 202010110311416 dielahelmalia |
Date Deposited: | 05 Feb 2024 05:37 |
Last Modified: | 05 Feb 2024 05:37 |
URI: | https://eprints.umm.ac.id/id/eprint/3407 |